Biomet's Preemption Bid Fails In Metal Hip Implant MDL

Law360, New York (August 22, 2013, 8:10 PM EDT) -- An Indiana federal judge declined Wednesday to dismiss a lawsuit in multidistrict litigation against Biomet Inc. over its allegedly defective metal-on-metal hip implants, ruling it is not preempted by federal law just because the device at issue was approved for use in a clinical investigation.

U.S. District Judge Robert Miller Jr. rejected Biomet's dismissal motion in a suit filed by Leslie Caccia, who alleges he was implanted with a faulty M2A-Magnum hip replacement system that caused bone and tissue damage and required multiple revisionary surgeries. The suit is part of the litigation over the M2A-Magnum centralized in Indiana in October, one...

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